Hannam v RPA Systems Ltd & Anor [2022] EWHC 1354 (Ch) (15 June 2022)

Hannam v RPA Systems Ltd & Anor [2022] EWHC 1354 (Ch) (15 June 2022)

The application to transfer was dismissed because there was insufficient material overlap between the petition and other proceedings, the application was made late, transfer would cause wasted costs and significant delay, and the overriding objective would not be furthered by transfer.

Citation
[2022] EWHC 1354 (Ch)
Parties
Petitioner: Ian Charles Hannam; First Respondent: RPA Systems Limited; Second Respondent: Pyser Optics Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2022
Procedural Posture
Section 994 Companies Act 2006 Petition / Application to Transfer Proceedings to Central London County Court
Outcome
Application dismissed
Legal Topics
Unfair Prejudice Petition, Transfer of Proceedings, Case Management
Company Law Civil Procedure Unfair Prejudice Petition Transfer of Proceedings Case Management

Case Brief

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Parties

Ian Charles Hannam

Petitioner

RPA Systems Limited

First Respondent

Pyser Optics Limited

Second Respondent

Procedural Posture

Section 994 Companies Act 2006 Petition / Application to Transfer Proceedings to Central London County Court

Legal Issues

  1. 1 Whether the section 994 petition should be transferred to Central London County Court for case management with related proceedings
  2. 2 Whether there is sufficient factual and legal overlap to justify transfer
  3. 3 Whether transfer at this stage would be convenient or fair

Ratio Decidendi

The application to transfer was dismissed because there was insufficient material overlap between the petition and other proceedings, the application was made late, transfer would cause wasted costs and significant delay, and the overriding objective would not be furthered by transfer.

Court Disposition

Application dismissed

Orders

  • Transfer application dismissed
  • Petition to proceed to liability trial as listed in February 2023